[Adopted as Title 7, Ch. 9, of the former City Code]
A.
Purpose. The City of Prescott recognizes that City streets and highways
are primarily for the use of vehicular travel. It further recognizes
a need to use these public streets and highways for processions, parades,
runs, walks, bicycle races, marathons, etc., which do not substantially
interfere with the public's right to travel on such streets and highways.
This article is intended to regulate and control nonvehicular use
of the streets and highways and for protecting the general welfare
and safety of the persons using the streets and highways within the
City. Said authority to regulate is contained in § 349.185,
Wis. Stats., and related sections.
B.
HIGHWAY or STREET
PROCESSIONS, PARADES, RUNS, WALKS, MARATHONS, BICYCLE RACES,
ETC.
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Has the meaning set forth in § 340.01, Wis. Stats.,
and also includes areas owned by the City of Prescott which are used
primarily for pedestrian or vehicular traffic.
Their usual and customary usage.
No person shall form, direct, lead or participate in any procession,
parade, run, walk, marathon, bicycle race, etc., on any street or
highway under the jurisdiction of the City unless a permit has been
obtained in advance as provided in this article.
A permit is not required for assembling or movement of a funeral
procession or military convoy. Any parade, etc., sponsored by any
agency of the federal or state government, acting in its governmental
capacity within the scope of its authority, shall be required to obtain
a permit, however, it shall be exempt from the parade permit fee and
insurance requirements contained herein.
A written application for a permit for any above-described function
on the streets and highways under the jurisdiction of the City shall
be made by one of the organizers or officers to the City Clerk on
a form provided by said Clerk no less than 15 days prior to the usage.
Application made less than 45 days prior to the day of the proposed
usage must be made in person.
The application shall set forth the following information regarding
the proposed usage:
A.
The name, address and telephone number of the applicant.
B.
If the usage is proposed to be conducted for, on behalf of or by
an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of
such organization.
C.
The name, address and telephone number of the person who will be
responsible for conducting the usage.
D.
The date when the usage is to be conducted and its duration.
E.
The assembly area, the starting point, the route to be traveled and
the termination point.
F.
The number and size of participants or units comprising the usage.
G.
If the usage is to be conducted by or for any person other than the
applicant, the applicant for such permit shall file with the City
Clerk a communication, in writing, from the person proposing to hold
the usage authorizing the applicant to apply for the permit on its
behalf.
H.
Any additional information which the Clerk finds reasonably necessary
for a fair determination as to whether a permit should be issued.
The City Clerk shall submit a copy of the application to the
Chief of Police and Director of Public Works.
The application may be denied:
A.
If it is for a usage that is to be held on a work day during hours
when and at places where, in addition to the proposed usage, the flow
of vehicular traffic is usually delayed by its own volume.
B.
If it is for a usage that is to be commenced between the hours of
9:00 p.m. and 9:00 a.m.
C.
If sufficient supervision would not be provided as to reasonably
assure the orderly conduct of the usage.
D.
If the proposed route for conducting usage involves a street or highway
under construction or detour route.
The application shall be denied:
A.
If it is made less than 15 days in advance of the time the usage
is scheduled to commence; or
B.
If it is for a usage that is primarily for private or commercial
economic gain; or
C.
If it is for a usage which would involve violation of federal, state
or local laws relating to use of highways or of other applicable regulations
of the City; or
D.
If the granting of the permit would conflict with another permit
already granted or for which application is already pending; or
F.
If more than one assembly area or more than one dispersal area is
proposed; or
G.
For failure to receive a permit under § 84.07(4), Wis.
Stats.
The City Clerk shall issue a permit to the applicant subject
to the foregoing requirements of this article, unless the City Clerk
concludes that:
A.
The policing of the usage will require so large a number of persons
and vehicles, including ambulances, as to prevent adequate service
of the needs of the rest of the municipality; or
B.
The usage will substantially hinder the movement of police and fire
and other emergency vehicles as to create a substantial risk to persons
and property; or
C.
The conduct of the usage will substantially interrupt the safe and
orderly movement of other traffic contiguous to its route; or
D.
The usage is so poorly organized that participants are likely to
engage in aggressive or destructive activity.
A.
Time when required. The City Clerk shall act as promptly as he reasonably
can on all applications for permits after consulting with other government
agencies directly affected and after consulting with the applicant,
if necessary. All applications filed 45 days or more in advance shall
be granted or denied not less than 30 days before the date of the
usage stated in the application. Action on applications filed less
than 45 days in advance shall be taken within 15 days after the application
is filed, but in no case later than 48 hours in advance of the time
applied for. The City Clerk shall immediately, by the most reasonable
means of communication, notify the applicant of such action and, if
the application is denied, the reasons for denial of the permit.
B.
Modification of requested permit. In lieu of denying a permit, the
Chief of Police may authorize the changing of assembly areas or dispersal
areas or the conducting of the usage at a date or time or over a route
different than as applied for in the permit. The applicant or permittee
may accept such modification by immediately notifying the City Clerk
or Chief of Police, in writing, of such acceptance.
C.
Fee. There shall be paid at the time of filing the application for
a usage permit a nonrefundable fee as prescribed in the City's fee
schedule. The fee may be waived at the discretion of the Common Council.
Where the City Clerk determines that the cost of municipal services
incident to the staging of the usage will be increased because of
the usage, the Clerk may require the permittee to make an additional
payment into the general fund of the City in an amount equal to the
increased costs.
The City Clerk or Chief of Police may revoke a permit already
issued if the official deems that such action is justified by an actual
or potential emergency due to weather, fire, riot, other catastrophe
or likelihood of a breach of the peace or by a major change in the
conditions forming the basis of the standards of issuance. In lieu
of revoking a permit, an above-named official may require the permittee
to file evidence of good and sufficient sureties, insurance in force
or other evidence of adequate financial responsibility, running to
the City of Prescott and such third parties as may be injured or damaged,
in a amount depending upon the likelihood of injury or damage as a
direct and proximate result of the holding of the usage sufficient
to indemnify the municipality and such third parties as may be injured
or damaged thereby, caused by the permittee, its agents or participants.
Each usage permit shall state such information or conditions
as the City Clerk shall find necessary to the enforcement of this
article.
Immediately upon the issuance of a usage permit, the City Clerk
shall send a copy thereof to the following:
A.
Permittee. A permittee under this article shall comply with all permit
directions and conditions and with all applicable laws, ordinances
and other regulations of the state and City.
B.
Participants. No person who leads or participates in any usage shall
disobey or encourage others to disobey this article after a law enforcement
officer has directly and presently informed him or her of any of the
provisions of this article or the terms of the applicable usage permit.
Prior to issuance of the permit, the City Clerk may require
each permittee to furnish evidence of a liability insurance policy
in amounts of not less than $100,000 for one person and $500,000 for
any one accident and which shall be in force and effect at the time
such usage is to take place. Said evidence of insurance shall include
a certificate of insurance naming the City of Prescott as an additional
insured in connection with said usage.
